APPELLATE CASES

When a case is heard at the trial court level, a verdict isn’t always the end of the line. The losing party may appeal his or her case to higher courts known as appellate courts. An attorney who specializes in appellate law advocates for clients before state and federal appellate courts, including state Supreme Courts and the United States Supreme Court. Appellate attorneys seek to correct errors of trial court judges by persuading appellate courts to overturn lower court decisions or to expand or change the interpretation of statutory law. This can be challenging given that the cases have already been unsuccessful in the lower courts.

 

The unique nature of appellate law requires specific expertise. A skilled appellate law attorney must have broad and practical knowledge of numerous substantive areas of law in order to identify issues that may allow for appeal. Skilled appellate attorneys conduct in-depth research and analysis of new information regarding their cases, and may spend weeks or months writing a persuasive brief or convincing oral argument.  

 

Mark Mulick Esq., has extensive experience arguing successfully in front of appellate court judges and can advise clients whether there is a likelihood of overturning a lower court decision. Here are just a few of the appellate cases he’s handled.

MALDONADO​ LEEDS
MALDONADO
V
LEEDS
374 N.J. SUPER. 523 (APP.DIV. 2005)

Mother who witnesses young son struck and dragged by an automobile should not be penalized for financial inability to seek medical diagnosis and treatment in order to establish a claim for intentional infliction of emotional distress. 

374 N.J. SUPER. 523 (APP.DIV. 2005)
JONES
V
MOTT
 
 
2015 WL 4602485

Temporary employees must be trained in employer's hostile work environment reporting procedures in order to claim immunity.

JONES​ MOTT
2015 WL 4602485
D.M. WALGREENS
D.M.
V
WALGREENS
 
 
2008 WL 2917121

Refusing an employee's request for additional hours after she makes an unsustainable claim for sexual harassment can constitute retaliation under New Jersey's Law Against Discrimination. 

2008 WL 2917121
PAGE
V
PAYLESS SHOE
 
 
2012 WL 28786

An employer's admission that it does not hire African Americans to work at a specific store satisfies both the circumstantial evidence test (McDonnell Douglas v Greenand the direct evidence test (Price Waterhouse v Hopkins)

PAGE​ PAYLESS SHOE
2012 WL 28786
FARRELL TOYS R US
FARRELL
V
TOYS R US
2012 WL 4069515

A supervisor's repeated reference to a middle-aged employee as an "old man" can create a hostile work environment in violation of New Jersey's LAD. 

2012 WL 4069515
ALLEN
V
ADECCO
 
 
2011WL 242026

Court should take into account the lack of knowledge of alleged perpetrator of sex harassment has regarding employer's anti-harassment policies in determining effectiveness of those policies.

ALLEN​ ADECCO
2011WL 242026

We advocate on behalf of our clients in order to amend mistakes or identify areas where laws need interpretation. 

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